Waiting to file, but should we retain atty now?

[cj0203]

We already know which atty we'll be retaining, and have the payment in full ready to be paid. Should we send in all the info and payment NOW so we can refer people to the atty so they stop calling? OR do they have the right to keep calling up until we file anyways?

[keepmine]

They can call until you file but, the majority will stop calling once they have the name of a lawyer. They know you're not bluffing and any further contact is a waste of time.
If 3rd party debt collectors are calling, you can send a cease and desist letter and they should stop.

[cj0203]

I don't even know WHO is calling because I don't answer and they don't leave messages (not even "call us back")

Guess I won't worry about it unless it becomes bothersome.

[FreshLikeADaisy]

CJ, it's a provision of the FDCPA that once a creditor know that you are represented by counsel in regard to their specific debt, they MUST direct their communication to that atty. Now, collectors are not exactly fond of the letter of the law, but like Keepmine said, once you give them the atty's name and contact info they do stop calling. What you may want to do is wait until the phone calls get worse (they start leaving horrible preaching messages, or calling your relatives, or hounding you at work, etc) and THEN pay the atty. If you get a bad one that won't stop, a cease and desist like Keepmine suggested (sent certified/return receipt requested) that includes your atty's name, address and phone # should do the trick nicely. Good luck!!!

[my4devils]

We retained in January and are filing on the 11th. Being able to give our attny's name and number did give us some piece of mind and has stopped alot of phone calls. All we really get now is the usual letters. In your situation- it seems like it couldnt hurt to get the ball rolling, especially since you know which attny you want to use.

[PaKettle]

Ask your attorney how much he requires as a deposit before you can refer credidtors to him. $200-500 seems to be the going deposit for this.

So pay him that amount, no more, in my opinion. Why?

Because for example in my case, I paid my attorney in full right away and then he did not want to file right away, was hard to get ahold of on the phone after that etc.. If you hold back some dough they are more responsive to your needs, I think. Just my theory...

If you hold back some, you can call up and say, "If I pay you the rest on Friday, can you file for me on the following Wednesday?" - stuff like that. Just seems that once I paid mine he felt as if he could ignore me more easily.

[gophermn]

More than likely they will keep calling until (1) you tell them an attny has been retained or (2) they receive the notice stating that you have filed.

Make sure this is the attny of choice and you are 100% sure! I paid in full like you did and found out 60 days later (YES 60 DAYS LATER) that my attny was way over his head with filings. Lets just say I would have been discharged the end of January. So make sure this is the right BK attny!

Basically your attny will need full amt before they file the petition. At least that was my case.

Good luck!

[epiphany]

I retained my attorney for 100.00 down. (he had sympathy for me).

However, from that day, I have been able to point particularily annoying creditors his way and the communication from the ones I have done this has stopped. It has given me incredible peace of mind to do this since I have had some call work and one a relative. Now if I have one call at work, I immediately call them back so they don't get to the point of calling a relative. I can't take that.

Good luck,

EP

[cj0203]

Hmm, sounds like it might be a good idea. Between myself and my hubby, we get like 20calls a day on our cells (mostly from the same 2 people) but we never answer.

I'll have to call and see what the cost is to just retain. When I send in that amt should I send in all the papers they need at the same time so they know what they're dealing with? At the consult they wrote stuff down but didn't take any copies of anything because we weren't filing for a few months.